Councillors' corruption appeals dismissed

the Court of Criminal Appeal.

Raymond Mennie and Robert Pullar, both 43, were both found guilty,

after trial at Perth Sheriff Court last year, of corruptly soliciting

cash as an inducement to support a planning application for a #5m

service complex on the A85 Dundee to Perth Road.

After their conviction the two men spent one night in prison before

being released on bail pending their appeal.

Both men alleged that they had suffered a miscarriage of justice

because one of the jurors was employed as an architectural technician by

a key Crown witness.

Lord Hope, Lord Justice General, who heard the appeal with Lords

Murray and Mayfield, said that, if the information about the juror had

been drawn to the attention of the sheriff at the trial, steps could

have been taken to ensure that the juror did not hear the case. It was

regrettable that those who could have taken objection to the juror were

left in ignorance of the facts until after the trial.

Mennie, of Carberry Crescent, Whitfield, Dundee, and Pullar, of Church

Lane, Methven, Perthshire, both claimed that they did not have to

establish that the juror was in fact biased. It was enough that his

presence had created a suspicion that he was not impartial.

Lord Hope said that when a problem of this kind arose after a trial

had been completed, the question must be whether a miscarriage of

justice had in fact occurred.

Although mistakes might occur which resulted in the presence on a jury

of someone who ought not to have been allowed to serve, that in itself

should not be held to invalidate the verdict returned by the jury as a

whole.

There had been previous cases where a juror had indicated that he knew

someone on the indictment or had a prejudice against the accused. The

courts had held that, in these circumstances, it could not be assumed

that the juror's prejudicial knowledge would have led him to ignore the

evidence and directions of the trial Judge and decide the case in

defiance of his oath.

The same point could be made in this case, and this ground of appeal

must be refused.

The court also rejected claims by the councillors that the verdict

returned by the jury was ambiguous, contradictory, and perverse.

Lord Hope said that the jury had made a number of deletions from the

indictment against the councillors, but, although these were less than

perfect, what was left in the charge was enough to convict for

corruption.

The evidence had shown that the councillors had made it clear they

were willing, if bribed to do so, to use their influence on Tayside

Regional Council's planning committee to assist in the granting of

planning permission.

A Tayside Regional Council spokesman confirmed yesterday that

by-elections would be held in Whitfield-Longhaugh and Strathtay.

These were the wards that were held by Labour councillor Raymond

Mennie and Conservative councillor Robert Pullar.

Mr Bill Derby, leader of the administration at Tayside Regional

Council, said yesterday: ''I know this has been a very difficult time

for both councillors' families and they have been under a tremendous

amount of strain during the past year.

''Today, I will be taking action to start the process for by-elections

in both Whitfield and Strathtay, so that the people in these areas have

an elected voice on Tayside Regional Council as soon as possible.

''In the meantime, constituents in Whitfield can be assured that while

they do not have a regional councillor at this time, our councillors

will be available to help them in any way possible.''

Mr Bruce Mackie, leader of the Conservative group at Tayside Regional

Council, said: ''Our heart is with Bob Pullar's wife and family who have

had to endure many months of uncertainty following a long drawn out

trial and appeal.''